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2022 Supreme(Guj) 1523

SONIA GOKANI, HEMANT M. PRACHCHHAK
Prakash Babulal Sheth – Appellant
Versus
Shashikalal Mayur Sheth – Respondent


Advocates:
Advocate Appeared:
MR JIGAR RAVAL ASSISTED BY VASIM MANSURI, MR.MIHIR JOSHI ASSISTED BY MR SALIL M THAKORE, VAIBHAV V GOSWAMY

JUDGMENT :

SONIA GOKANI, J.

1. This appeal arises from the judgment and decree passed by the trial Court in Regular Civil Suit No.2245 of 1998, which resulted in form of the original plaintiff and original defendant.

Factual Matrix:

2. Brief facts in capsulized form are as follow:

2.1 The appellants Nos.1 to 3 are the original defendants and the respondent No.1 is the original plaintiff. Respondent Nos.2/1 and 2/4 are the heirs of the deceased defendant No.4 and they are joined after the demise of the original defendant No.4, who is the father of the appellant. Appellants and respondents shall be referred to as the defendant and plaintiff respectively for the sake of convenience hereinafter.

2.3 It is the case of the plaintiff that the suit property was purchased in the year 1990 in her name through power of attorney the defendant No.1. Because of the good family relations, the plaintiff with the consultation of her husband Mr.Mayur Sheth (since deceased) permitted all the defendants including her father-in-law to reside in the said house as defendants did not have personal property

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